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Merge pull request #3408 from gratipay/new-terms
new terms of service
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[---] | ||
request.redirect('./terms-and-conditions') | ||
request.redirect('./terms-of-service') | ||
[---] text/html |
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[---] | ||
title = _("Policies") | ||
subhead = _("Terms and Conditions") | ||
request.redirect('/about/policies/terms-of-service') | ||
[---] text/html | ||
{% extends "templates/about-policies.html" %} | ||
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{% block content %} | ||
<div class="col0"> | ||
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<p><i>Last Updated: July 3, 2014</i></p> | ||
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<p>PLEASE READ THESE SITE TERMS CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, | ||
YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL TERMS AND GUIDELINES | ||
INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT | ||
ACCESS OR USE OUR WEBSITE.</p> | ||
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<p>These Site Terms ("Terms") apply solely to your access to, and use of, any | ||
website of Gratipay, LLC ("Gratipay"), including <a | ||
href="https://gratipay.com/">https://gratipay.com/</a> ("Site"). These | ||
Terms do not alter the terms or conditions of any other agreement you may have | ||
with Gratipay, or its subsidiaries or affiliates, for products, services or | ||
otherwise. If you are using the Site on behalf of any entity, you represent and | ||
warrant that you are authorized to accept these Terms on such entity's behalf | ||
and that such entity will be responsible to Gratipay if you violate these | ||
Terms.</p> | ||
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<p>Gratipay reserves the right to change or modify the terms and conditions | ||
contained in the Terms or any policy or guideline of the Site, at any time and | ||
in its sole discretion. Any changes or modifications will be effective | ||
immediately upon posting of the revisions to the Site, and you waive any right | ||
you may have to receive specific notice of such changes or modifications. Your | ||
continued use of the Site following the posting of changes or modifications | ||
will confirm your acceptance of such changes or modifications; therefore, you | ||
should frequently review these Terms and all applicable terms and policies to | ||
understand the terms and conditions that apply to your use. If you do not agree | ||
to the amended terms, you must stop using the Site. Any use of the Site in | ||
violation of these Terms may result in, among other things, termination or | ||
suspension of your right to use the Site.</p> | ||
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<p>If you have any questions or comments regarding the use of the Site, please | ||
contact [email protected].</p> | ||
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<ol> | ||
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<li> <p>Terms of Service</p> | ||
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<p>Your registration for, and use of, Gratipay's products, services or other | ||
features, technologies and/or functionalities, whether offered through the Site | ||
or any third party website or application, ("Gratipay Services") are governed by | ||
the <a href="/about/terms/of-service.html">Terms of Service</a>. If you do not | ||
agree to the Terms of Service, do not use or access the Gratipay Services.</p> | ||
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</li> | ||
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<li> <p>Privacy Policy</p> | ||
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<p>Please refer to our <a href="/about/privacy/">Privacy Policy</a> for | ||
information about how Gratipay collects, uses and discloses personally | ||
identifiable information from its users.</p> | ||
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</li> | ||
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<li> <p>Disclaimer of Copyright</p> | ||
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<p>The Site and all content and other materials on the Site, including, without | ||
limitation, the Gratipay logo and all designs, text, graphics, pictures, | ||
information, data, software, sound files, other files and the selection and | ||
arrangement thereof (collectively, "Site Materials") are dedicated to the | ||
public domain via the <a | ||
href="http://creativecommons.org/publicdomain/zero/1.0/">CC0 1.0 Universal | ||
Public Domain Dedication</a>.</p> | ||
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</li> | ||
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<li> <p>Hyperlinks</p> | ||
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<p>You are granted an unlimited, non-exclusive right to create hyperlinks to | ||
the Site for both commercial and noncommercial purposes. You may use a Gratipay | ||
logo or other graphic of Gratipay to link to the Site without the express written | ||
permission of Gratipay. Further, you may use, frame, or utilize framing | ||
techniques to enclose any Gratipay trademark, logo or other proprietary | ||
information, including the images found on the Site, the content of any text or | ||
the layout/design of any page or form contained on a page of the Site without | ||
Gratipay's express written consent. Except as noted above, you are not conveyed | ||
any right or license by implication, estoppel or otherwise in or under any | ||
patent, trademark, copyright or proprietary right of Gratipay or any third | ||
party.</p> | ||
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<p>Gratipay makes no claim or representation regarding, and accepts no | ||
responsibility for, the quality, content, nature or reliability of embedded | ||
content, third-party websites accessible via hyperlink or websites linking to | ||
the Site. Such sites are not under the control of Gratipay and Gratipay is not | ||
responsible for the content of any linked site or any link contained in a | ||
linked site, or any review, changes or updates to such sites. Gratipay provides | ||
these links to you only as a convenience, and the inclusion of any link does | ||
not imply affiliation, endorsement or adoption by Gratipay of any site or any | ||
information contained therein. When you visit other sites via links or embedded | ||
content, you should understand that our terms and policies no longer govern and | ||
that the terms and policies of those third party sites will now apply. You | ||
should review the applicable terms and policies, including privacy and data | ||
gathering practices, of any site to which you navigate from Gratipay's Site.</p> | ||
</li> | ||
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<li><p>Guidelines for User Generated Content</p> | ||
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<p>Gratipay may contain communication facilities such as (but not limited to) | ||
user profiles, chat areas, news groups, forums, communities and/or other | ||
message facilities that allow Users to communicate with other Users and also | ||
with the wider community. You should only use these facilities to communicate | ||
in a manner that is appropriate to the forum. Without limitation, users may | ||
not use these communication facilities to:</p> | ||
<ol class="lower-alpha"> | ||
<li> Defame, abuse, harass, stalk, threaten or otherwise violate the | ||
rights of others.</li> | ||
<li>Post content or imagery that is offensive and/or harmful, | ||
including content that promotes racism, bigotry, hatred or physical | ||
harm of any kind against any individual or group of individuals.</li> | ||
<li>Post content that provides materials or access to materials that could be | ||
used to exploit minors in an abusive, violent or sexual manner.</li> | ||
<li>Disseminate obscene or unlawful material or information.</li> | ||
<li>Violate local, state, national or international law.</li> | ||
<li>Link to resources that contain viruses, Trojan horses, corrupted files, | ||
or any other similar software that may damage the operation of | ||
another's computer.</li> | ||
<li>Advertise or offer to sell any goods or services for any | ||
commercial purpose through the Gratipay which are not relevant to | ||
the services offered through the Gratipay.</li> | ||
<li>Imply or state that any statements you make are endorsed by | ||
Gratipay, without the prior written consent of Gratipay.</li> | ||
<li>Use the site for spamming or conducting contests, pyramid schemes, | ||
or chain letters.</li> | ||
<li>Restrict or inhibit any other User from using and enjoying Gratipay. | ||
</li> | ||
</ol> | ||
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</li> | ||
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<li> <p>Third Party Content</p> | ||
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<p>Gratipay may provide third party content on the Site and may provide links to | ||
web pages and content of third parties (collectively, "Third Party Content") as | ||
a service to those interested in this information. Gratipay does not control, | ||
endorse or adopt any Third Party Content and makes no representation or | ||
warranties of any kind regarding the Third Party Content, including without | ||
limitation regarding its accuracy or completeness. You acknowledge and agree | ||
that Gratipay is not responsible or liable in any manner for any Third Party | ||
Content and undertakes no responsibility to update or review any Third Party | ||
Content. Users use such Third Party Content contained therein at their own | ||
risk.</p> | ||
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</li> | ||
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<li> <p>Submissions</p> | ||
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<p>You acknowledge and agree that any questions, comments, suggestions, ideas, | ||
plans, notes, drawings, original or creative materials or other information | ||
that you provide to Gratipay regarding Gratipay, the Site (collectively, | ||
"Submissions") are non-confidential and shall be dedicated to the public domain | ||
according to the <a | ||
href="http://creativecommons.org/publicdomain/zero/1.0/">CC0 1.0 Universal | ||
Public Domain Dedication</a>.</p> | ||
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</li> | ||
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<li> <p>Indemnification</p> | ||
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<p>You agree to defend, indemnify and hold harmless Gratipay, its independent | ||
contractors, service providers and consultants, and their respective directors, | ||
employees and agents, from and against any claims, damages, costs, liabilities | ||
and expenses (including, but not limited to, reasonable attorneys' fees) | ||
arising out of or related to (a) any actual or alleged breach of these Terms, | ||
the <a href="/about/terms/of-service.html">Terms of Service</a>, or any other | ||
Gratipay agreement, policy or guideline (b) any actual or alleged violation of | ||
applicable laws or rules of any payment card association, network or company; | ||
(c) your wrongful or improper use of the Site; (d) any Submission or | ||
transaction submitted by you; or (e) your violation of the rights of any third | ||
party.</p> | ||
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</li> | ||
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<li> <p>Disclaimer</p> | ||
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<p>EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GRATIPAY, THE | ||
SITE AND SITE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF | ||
ANY KIND, EITHER EXPRESS OR IMPLIED. GRATIPAY DISCLAIMS ALL OTHER WARRANTIES, | ||
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF | ||
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT | ||
AS TO THE SITE AND SITE MATERIALS. GRATIPAY DOES NOT REPRESENT OR WARRANT THAT | ||
MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. | ||
WHILE GRATIPAY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, GRATIPAY | ||
CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE | ||
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE | ||
INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY | ||
DOWNLOAD.</p> | ||
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</li> | ||
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<li> <p>Limitation of Liability</p> | ||
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<p>IN NO EVENT SHALL , ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE | ||
FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER | ||
DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS | ||
OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT | ||
LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED | ||
WITH THE USE OF OR INABILITY TO USE THE SITE OR THE SITE MATERIALS, INCLUDING | ||
WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON | ||
ANY INFORMATION OBTAINED FROM , OR THAT RESULT FROM MISTAKES, | ||
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, | ||
DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR | ||
NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR | ||
UNAUTHORIZED ACCESS TO 'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT | ||
SHALL THE AGGREGATE LIABILITY OF , WHETHER IN CONTRACT, WARRANTY, | ||
TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT | ||
LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE | ||
USE OF OR INABILITY TO USE THE SITE OR TO THESE TERMS EXCEED ANY COMPENSATION | ||
YOU PAY, IF ANY, TO FOR ACCESS TO OR USE OF THE SITE.</p> | ||
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<p>The laws of certain states or other jurisdictions do not allow limitations | ||
on implied warranties or the exclusion or limitation of certain damages. If | ||
these laws apply, some or all of the above disclaimers, exclusions or | ||
limitations may not apply to you.</p> | ||
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</li> | ||
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<li> <p>Modifications to the Site</p> | ||
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<p>Gratipay reserves the right to modify or discontinue, temporarily or | ||
permanently, the Site or any features or portions thereof without prior notice. | ||
You agree that Gratipay will not be liable for any modification, suspension or | ||
discontinuance of the Site or any part thereof.</p> | ||
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</li> | ||
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<li> <p>Applicable Law and Venue</p> | ||
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<p>These Terms and your use of the Site shall be governed by and construed in | ||
accordance with the laws of the Commonwealth of Pennsylvania, without resort to | ||
its conflict of law provisions. You agree that any action at law or in equity | ||
arising out of or relating to these Terms shall be filed only in the state and | ||
federal courts located in Allegheny County, Pennsylvania and you hereby | ||
irrevocably and unconditionally consent and submit to the exclusive | ||
jurisdiction of such courts over any suit, action or proceeding arising out of | ||
these Terms.</p> | ||
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</li> | ||
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<li> <p>Termination</p> | ||
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<p>Notwithstanding any of these Terms, Gratipay reserves the right, without | ||
notice and in its sole discretion, to terminate your license to use the Site | ||
and/or to block or prevent your future access to, and use of, the Site.</p> | ||
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</li> | ||
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<li> <p>Severability</p> | ||
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<p>If any provision of these Terms shall be deemed unlawful, void or for any | ||
reason unenforceable, then that provision shall be deemed severable from these | ||
Terms and shall not affect the validity and enforceability of any remaining | ||
provisions.</p> | ||
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</li> | ||
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</ol> | ||
</div> | ||
{% endblock %} |
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